Division 3Notification and treatment of Category 1, 2 and 3
conditions and other conditions
54Medical practitioner to notify Secretary of Category 1 and 2
conditions
(cf 1991 Act, ss 14 and 15)
(1)
This section applies if a registered medical
practitioner—
(a)
attends a person in connection with a Category 1
condition, or
(b)
while attending a person in connection with any
medical condition, reasonably suspects that the person has a Category 2
condition, or
(c)
as a result of conducting a post-mortem
examination, reasonably suspects that a person’s cause of death involves
a Category 1 or 2 condition.
(2)
In these circumstances, the registered medical
practitioner must, as soon as practicable—
(a)
record such particulars concerning the
person’s medical condition as may be prescribed by the regulations,
and
(b)
send to the Secretary a certificate, in the
approved form, of the particulars so recorded.
(3)
The registered medical practitioner—
(a)
must keep any such particulars for the period
prescribed by the regulations, and
(b)
subject to section 56, must provide the Secretary
with such further information concerning the person’s medical condition
and transmission and risk factors as is available to the medical practitioner
and as the Secretary may request.
(3A)
Subject to section 56, any medical practitioner
involved in the treatment of the person concerned must, at the request of the
Secretary, provide the Secretary with—
(a)
such information as is necessary to complete or
correct a certificate that appears to be incomplete or incorrect,
and
(b)
such other information concerning the
person’s medical condition and transmission and risk factors as is
available to the medical practitioner.
(4)
A registered medical practitioner who attends a
person as a patient at a hospital is not required to comply with subsection
(2) if—
(a)
the Category 1 or 2 condition concerned is a
notifiable disease, and
(b)
the medical practitioner believes on reasonable
grounds that the Secretary has been notified of the disease in accordance with
Division 2 of Part 5.
(5)
A registered medical practitioner must not,
without reasonable excuse, fail to comply with the requirements of this
section.
Maximum penalty—50 penalty
units.
(6)
It is a defence to proceedings for an offence
under this section if the defendant satisfies the court—
(a)
that the record alleged not to have been made or
kept, or
(b)
that the certificate alleged not to have been
sent,
had been made, kept or sent by another registered
medical practitioner.
(7)
This section applies to a person engaged in an
occupation prescribed by the regulations in the same way as it applies to a
registered medical practitioner.
s 54: Am 2017 No 43,
Sch 1 [16] [17].
55Laboratories to notify Secretary of Category 3
conditions
(cf 1991 Act, s 16)
(1)
This section applies if—
(a)
a pathology test is carried out at the request of
a registered medical practitioner or other person of a class prescribed by the
regulations (the requesting
practitioner) for the purpose of determining whether a
person has a Category 3 condition, and
(b)
the test has a positive
result.
(2)
In these circumstances, the person who certifies
the test results (the certifier) must send
to the Secretary a report, in the approved form, as to those results as soon
as practicable.
Maximum penalty—50 penalty
units.
(3)
If the certifier so requests, the requesting
practitioner must provide the certifier, within 72 hours after the request is
made, with sufficient information to enable the report to be
completed.
Maximum penalty—50 penalty
units.
(4)
Subject to section 56, any medical practitioner
involved in the treatment of the person concerned must, at the request of the
Secretary, provide the Secretary with—
(a)
such information as is necessary to complete or
correct a report that appears to be incomplete or incorrect,
and
(b)
such other information concerning the
person’s medical condition and transmission and risk factors as is
available to the medical practitioner.
(5)
A registered medical practitioner must not,
without reasonable excuse, fail to comply with such a request.
Maximum penalty—50 penalty
units.
s 55: Am 2017 No 43,
Sch 1 [18] [19].
56Protection of patient’s identity
(cf 1991 Act, s 17)
(1)
A registered medical practitioner must not
include a patient’s name or address in a certificate under section 54 or
in information provided under section 54 or 55 if the condition to which the
certificate or information relates is a Category 5
condition.
(2)
(3)
A person who, in the course of providing a
service, including the conduct of a pathology test under section 55, acquires
information that another person (the person
concerned)—
(a)
has been, is to be or is required to be tested
for a Category 5 condition, or
(b)
has, or has had, a Category 5
condition,
must take all reasonable steps to prevent that
information from being disclosed to any other person.
(4)
Subsection (3) does not apply to the disclosure
of such information—
(a)
with the consent of the person concerned,
or
(b)
to a person who is involved in the provision of
care, treatment or counselling to the person concerned, or
(c)
to the Secretary, if a person has reasonable
grounds to suspect that failure to disclose the information would be likely to
be a risk to public health, or
(d)
in connection with the administration of this Act
or the regulations, or
(e)
for the purposes of any legal proceedings arising
out of this Act or the regulations, or of any report of any such proceedings,
or
(f)
in accordance with a requirement imposed under
the Ombudsman Act 1974,
or
(f1)
in accordance with the Mandatory Disease Testing Act 2021,
or
(g)
in the circumstances prescribed by the
regulations.
Note—
The Health Records and
Information Privacy Act 2002 limits the use and disclosure
of health information.
(5)
A registered medical practitioner or other person
must not, without reasonable excuse, fail to comply with the requirements of
this section.
Maximum penalty—100 penalty units or
imprisonment for 6 months, or both.
s 56: Am 2016 No 27,
Sch 2.37; 2017 No 43, Sch 1 [20]–[22]; 2021 No 13, Sch
2.3.
57Notification of other conditions
(1)
A registered medical practitioner or a person who
provides a pathology service who is of the opinion that a patient is suffering
from a medical condition or disease that may pose a significant risk to public
health may notify the Secretary in writing in the approved form of particulars
of the person and the condition or disease.
(2)
On receiving a notification under this section,
the Secretary may ask the medical practitioner or person to provide further
information as to the patient’s condition and risk
factors.
(3)
A medical practitioner or person may provide
information under this section despite any other Act or
law.
(4)
This section does not apply to a medical
condition or disease for which notification is otherwise provided under this
Act.
58District Court may authorise disclosure of name and
address
(1)
The Secretary may apply to the District Court, in
accordance with the rules of the District Court, for an order authorising the
service on a medical practitioner of a notice requiring disclosure of a name
and address that would otherwise be protected by this Division from
disclosure.
(2)
An application under this section may be made in
relation to a medical practitioner only if the Secretary has reasonable
grounds for believing that—
(a)
the person whose name and address are sought is
suffering from a Category 5 condition, and
(b)
identification of the person is necessary in
order to safeguard the health of the public.
(3)
An application to the District Court under this
section is to be heard and determined in the absence of the public but is to
be otherwise heard and determined in accordance with the rules of the District
Court.
(4)
The District Court—
(a)
is to make an order applied for under this
section if satisfied that there are reasonable grounds for making the order,
or
(b)
is to dismiss the application if not so
satisfied.
59Proceedings for offences
(cf 1991 Act, s 37)
Proceedings for an offence under this Division
are to be heard and determined in the absence of the
public.
Division 4Public
health orders for Category 4 and 5 conditions
60Definitions
(cf 1991 Act, s 21)
In this Division—
authorised medical
practitioner means—
(a)
the Chief Health Officer, or
(b)
a registered medical practitioner authorised by
the Secretary to exercise the functions of an authorised medical practitioner
under this Division.
public health detainee
means a person subject to a public health order who is detained pursuant to a
requirement of the order of a kind referred to in section 62(4) or
(5).
61Secretary may direct persons to undergo medical examination
or testing
(cf 1991 Act, s 22)
(1)
This section applies if the
Secretary—
(a)
knows, or suspects on reasonable grounds, that a
person has a Category 4 or 5 condition, and
(b)
considers that the person may, on that account,
be a risk to public health, and
(c)
considers that the nature of the condition
warrants medical examination or testing relating to the
condition.
(2)
In these circumstances, the Secretary may, by
notice in writing, direct the person concerned to undergo, within a specified
period, a specified kind of medical examination or test relating to the
Category 4 or 5 condition—
(a)
by a registered medical practitioner in general
practice, or
(b)
by a registered medical practitioner practising
in a specified field.
(3)
If the person fails to comply with a direction
under subsection (2), the Secretary may, by further notice in writing, direct
the person to undergo the specified kind of medical examination or test, at a
specified time and place, by a specified registered medical
practitioner.
(4)
A person must not, without reasonable excuse,
fail to comply with a direction under subsection (3).
Maximum penalty—50 penalty
units.
(5)
A direction under subsection (2) or (3) must have
due regard to the sensitivities of the person concerned in relation to the
gender, ethnicity and cultural background of the registered medical
practitioner by whom the examination is to be carried
out.
(6)
The medical practitioner who carries out the
examination or test must, as soon as practicable, provide the Secretary with a
report of the examination or the results of the test.
Maximum penalty—50 penalty
units.
s 61: Am 2017 No 43,
Sch 1 [23]; 2020 No 32, Sch 6[2]–[6].
62Making of public health orders relating to person with
Category 4 or 5 condition or contact order condition
(cf 1991 Act, s 23)
(1)
An authorised medical practitioner may make a
public health order in respect of a person if satisfied, on reasonable
grounds, that—
(a)
the person has a Category 4 or 5 condition and
because of the way the person behaves may, as a consequence of that condition,
be a risk to public health, or
(b)
the person—
(i)
has been exposed to a contact order condition,
and
(ii)
is at risk of developing the contact order
condition, and
(iii)
because of the way the person behaves, may be a
risk to public health.
(2)
A public health order—
(a)
must be in writing, and
(b)
must name the person subject to the order,
and
(c)
must state the grounds on which it is made,
and
(d)
must state that, unless sooner revoked, it
expires—
(i)
if the public health order is made in respect of
a person referred to in subsection (1)(b)—at the end of the period
specified opposite the relevant condition in Schedule 1A,
or
(ii)
in any other case—at the end of a specified
period (not exceeding 28 days),
after it is served on the person subject to the
order.
Note—
An order based on a Category 5 condition expires
after 3 days unless an application is made for its confirmation (see section
63(2)).
(3)
A public health order may require the person
subject to the order to do any one or more of the following—
(a)
to refrain from specified
conduct,
(b)
to undergo specified treatment (whether at a
specified place or otherwise),
(c)
to undergo counselling by one or more specified
persons or by one or more persons belonging to a specified class of
persons,
(d)
to submit to the supervision of one or more
specified persons or of one or more persons belonging to a specified class of
persons,
(e)
to notify the Secretary of other persons with
whom the person has been in contact within a specified
period,
(f)
to notify the Secretary if the person displays
any specified signs or symptoms,
(g)
to undergo a specified kind of medical
examination or test relating to the condition for which the order was
made.
(4)
A public health order may authorise the person
subject to the order—
(a)
to be detained at a specified place for the
duration of the order, or
(b)
in relation to an order that requires the person
to undergo specified treatment at a specified place—to be detained at
that place while undergoing the treatment.
(5)
(6)
In deciding whether or not to make a public
health order, the authorised medical practitioner must take into
account—
(a)
the principle that any restriction on the liberty
of a person should be imposed only if it is the most effective way to prevent
any risk to public health, and
(b)
any matters prescribed by the regulations for the
purposes of this section.
(7)
A public health order may include provisions
ancillary to, or consequential on, the matters included in the
order.
(8)
A public health order does not take effect until
it is served personally on the person subject to the
order.
(9)
The authorised medical practitioner making the
public health order must give the person subject to the order—
(a)
information about the duration of the order,
and
(b)
information about the person’s rights of
review in relation to the order, and
(c)
any other information prescribed by the
regulations.
(10)
Failure to give the information specified in
subsection (9) does not invalidate the order.
s 62: Am 2017 No 43,
Sch 1 [24]–[28]; 2020 No 5, Sch 1.26[2]; 2022 No 6, Sch 1.6[1]
[2].
63Duration of public health order
(cf 1991 Act, s 24)
(1)
Unless sooner revoked, a public health order
based on a Category 4 or 5 condition expires at the end of the period
specified in the order.
(2)
Despite subsection (1), a public health order
based on a Category 5 condition or made in relation to a person referred to in
section 62(1)(b) expires at the end of 3 business days after the person
subject to the order is served with the order unless, before it expires, the
person is served with a copy of an application for its confirmation under
section 64.
(2A)–(2C)
(3)
In this section, business day means any day
that is not a Saturday, Sunday or public holiday.
s 63: Am 2010 No 127,
sec 135(1); 2017 No 43, Sch 1 [29]; 2020 No 1, Sch 2.16[1]; 2021 No 4, Sch
1.23[1].
64NCAT may confirm certain public health
orders
(cf 1991 Act, s 25)
(1)
An application may be made to the Civil and
Administrative Tribunal for confirmation of a public health order based on a
Category 5 condition or made in relation to a person referred to in section
62(1)(b).
Note—
The confirmation of any such order is a decision for the
purposes of the Civil and Administrative Tribunal Act
2013.
(2)
As soon as practicable after such an application
is made, the Civil and Administrative Tribunal is to inquire into the
circumstances surrounding the making of the public health
order.
(3)
Following its inquiry, the Civil and
Administrative Tribunal—
(a)
may confirm the public health order,
or
(b)
may vary the order and confirm it as varied,
or
(c)
may revoke the order.
(4)
An inquiry under this section may not be
adjourned for more than 7 days at a time.
(5)
For the purposes of an inquiry under this
section, the Civil and Administrative Tribunal—
(a)
may obtain the assistance of any person having
medical or other qualifications relevant to the subject-matter of the inquiry,
and
(b)
may take into account any advice given by such a
person.
(6)
The Civil and Administrative Tribunal’s
power to vary a public health order under
this section is a power—
(a)
to omit a requirement from the order,
or
(b)
to include in the order a requirement that could
have been included in the order when it was made, or
(c)
to substitute a requirement that could have been
included in the order when it was made for any one or more of the requirements
already included in the order.
(7), (8)
s 64: Am 2010 No 127,
sec 135(1); 2013 No 95, Sch 2.121 [4]–[7]; 2014 No 33, Sch 2.31; 2017 No
43, Sch 1 [30]; 2020 No 1, Sch 2.16[2]; 2021 No 4, Sch
1.23[1].
65NCAT may continue public health order
(cf 1991 Act, s 26)
(1)
At any time before the expiration
of—
(a)
a public health order based on a Category 4
condition, or
(b)
a public health order based on a Category 5
condition and confirmed under section 64,
an authorised medical practitioner may apply to the
Civil and Administrative Tribunal for continuation of the
order.
(2)
An application may be made only if the applicant
is satisfied that the person subject to the order would continue to be a risk
to public health, as a consequence of a Category 4 or 5 condition, if not
subject to a public health order.
(3)
If such an application is made and the person
subject to the order notifies the Civil and Administrative Tribunal that
continuation of the order is not opposed, the Tribunal may, without inquiry,
continue the order for a period not exceeding 6 months.
(4)
Unless the order is continued under subsection
(3), the Civil and Administrative Tribunal is to make such inquiries as it
thinks fit in relation to the application and—
(a)
may continue the order, with or without
variation, for a period not exceeding 6 months from the date of the
Tribunal’s decision, or
(b)
may refuse to continue the order,
or
(c)
may revoke the order.
Note—
If the Civil and Administrative Tribunal refuses
to continue the order, it will continue to have effect for the period
specified in the order. If the Tribunal revokes the order, it will cease to
have effect on revocation.
(5)
For the purposes of an inquiry under this
section, the Civil and Administrative Tribunal—
(a)
may obtain the assistance of any person having
medical or other qualifications relevant to the subject-matter of the inquiry,
and
(b)
may take into account any advice given by such a
person.
(6)
More than one application may be made under this
section in respect of the same order.
s 65: Am 2013 No 95,
Sch 2.121 [8].
66NCAT may administratively review public health orders
relating to Category 4 conditions
(cf 1991 Act, s 41)
An application may be made to the Civil and
Administrative Tribunal for an administrative review under the Administrative Decisions Review Act
1997 of a public health order based on a Category 4
condition by the person the subject of the order.
Note—
The making of any such order is a decision for the purposes of
the Administrative Decisions Review Act
1997.
s 66: Am 2013 No 95,
Sch 2.121 [9] [10].
67Revocation of public health order by authorised medical
practitioner
(cf 1991 Act, s 31)
If the authorised medical practitioner by whom a
public health order has been made considers that the person subject to the
order is no longer a risk to public health, the medical practitioner is to
revoke the order and immediately give notice in writing of the revocation to
the person and the Civil and Administrative Tribunal.
s 67: Am 2013 No 95,
Sch 2.121 [11].
68Restriction on making of further public health
order
(cf 1991 Act, s 32)
(1)
If a public health order is revoked, a further
public health order may not be made in respect of the same person unless the
authorised medical practitioner proposing to make the further order is
satisfied on reasonable grounds that, since the earlier order ceased to have
effect, there has been a change in the person’s health or behaviour that
increases the risk to public health.
(2)
This section does not apply to the revocation of
a public health order made in relation to a person referred to in section
62(1)(b).
s 68: Am 2017 No 43,
Sch 1 [31].
69Inspection of medical records
(cf 1991 Act, s 36)
(1)
Unless the Civil and Administrative Tribunal
otherwise directs, a person subject to a public health order is entitled to
inspect, and make copies of, the medical records kept by any other person in
relation to the person.
(2)
If the medical records are not kept in a readable
form, the person in charge of the records must provide a readable copy of
them.
s 69: Am 2013 No 95,
Sch 2.121 [12].
70Offence not to comply with public health
order
(cf 1991 Act, s 28)
(1)
A person who fails to comply with a requirement
of a public health order is guilty of an offence.
Maximum penalty—100 penalty units or
imprisonment for 6 months, or both.
(2)
Proceedings for an offence under this section may
be commenced only by the Secretary or a police officer.
(3)
Proceedings for an offence under this section do
not preclude action from being taken under section 73 for the contravention on
which the proceedings are based.
71Arrest of persons who contravene public health
orders
(cf 1991 Act, s 29)
(1)
An authorised medical practitioner may issue a
certificate to the effect that a named person is contravening a public health
order.
(2)
A police officer may apply to an authorised
warrants officer for an arrest warrant in relation to the person named in a
certificate issued under subsection (1).
(3)
The authorised warrants officer may issue an
arrest warrant in relation to the person so named if satisfied that there are
reasonable grounds for doing so.
(4)
A warrant under this section is sufficient
authority for any police officer to arrest the named person and to bring the
named person before the Civil and Administrative Tribunal to be dealt with
under section 73.
(5)
In this section, authorised warrants
officer means an authorised officer within the meaning of
the Law Enforcement (Powers and Responsibilities) Act
2002.
s 71: Am 2013 No 95,
Sch 2.121 [13].
71A
s 71A: Ins 2020 No 1,
Sch 2.16[3]. Am 2021 No 4, Sch 1.23[1]. Rep 2010 No 127, sec
135(1).
72Arrest of escapee
(cf 1991 Act, s 33)
(1)
A public health detainee or person arrested under
section 71 who escapes from the place where he or she is detained may be
arrested at any time—
(a)
by the person for the time being in charge of
that place, or
(b)
by an authorised medical practitioner,
or
(c)
by a police officer, or
(d)
by any person assisting a person referred to in
paragraphs (a)–(c).
(2)
On being arrested, the escapee must be returned
to the place from which he or she has escaped.
73Action following arrest or surrender
(cf 1991 Act, s 30)
(1)
If a person in respect of whom an authorised
medical practitioner has issued a certificate under section 71(1) for an
alleged contravention of a public health order is brought or otherwise appears
before the Civil and Administrative Tribunal, the Tribunal is to conduct an
inquiry into the allegation.
(2)
Following its inquiry, the Civil and
Administrative Tribunal—
(a)
may confirm the order, or
(b)
may vary the order and confirm it as varied,
or
(c)
may caution the person and take no further action
in the matter.
(3)
The Civil and Administrative Tribunal’s
power to vary a public health order under
this section is a power—
(a)
to omit a requirement from the order,
or
(b)
to include in the order a requirement that could
have been included in the order when it was made, or
(c)
to substitute a requirement that could have been
included in the order when it was made for any one or more of the requirements
already included in the order.
(4)
A person may be dealt with under this section for
an alleged contravention of a public health order whether or not the person
has been charged with an offence in relation to the same
contravention.
s 73: Am 2013 No 95,
Sch 2.121 [14].
74Conditions applicable if person detained pursuant to public
health order
(cf 1991 Act, s 27)
(1)
A public health detainee is to be detained in
accordance with the conditions specified in the relevant public health order
with respect to the person’s security.
(2)
Despite subsection (1), a public health detainee
may, with the approval of an authorised medical practitioner, be permitted to
leave the place of detention, but only under the constant personal supervision
of a person, or one of a number of persons, nominated by the medical
practitioner.
(3)
A public health detainee who evades or attempts
to evade any supervision to which he or she is subject under subsection (2) is
taken to have failed to comply with a requirement of the relevant public
health order.
75Unlawful release from detention
(cf 1991 Act, s 34)
(1)
A person who, without lawful authority, releases,
or attempts to release a public health detainee or a person arrested under
this Division is guilty of an offence.
Maximum penalty—100 penalty units or
imprisonment for 6 months, or both.
(2)
It is a defence to proceedings for an offence
under this section if the defendant satisfies the court that the
defendant’s action was not a risk to public health and that the
defendant knew this to be so.
76
s 76: Rep 2013 No 95,
Sch 2.121 [15].